(1) The Commissioner of the Bureau of Labor and Industries or a person who has a right
of action on the public works bond or the payment bond under ORS 279C.600 and, where required, who has filed and served the notice or notices of claim, as
required under ORS 279C.600 and 279C.605, or that person's assignee, may institute an action on the contractor's public works
bond or payment bond in a circuit court of this state or the federal district court
of the district.
(2) The action shall be on the relation of the commissioner, the claimant, or that
person's assignee, as the case may be, and shall be in the name of the contracting
agency that let the contract or, when applicable, the public agency or agencies for
whose benefit the contract was let. It may be prosecuted to final judgment and execution for the use and benefit of the
commissioner or the claimant, or that person's assignee, as the fact may appear.
(3) The action shall be instituted no later than two years after the person last provided
labor or materials or two years after the worker listed in the commissioner's notice
of claim last provided labor.
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